Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
6

26 Feb 2018 Oh no! It’s Back: NLRB’s Browning-Ferris Decision Reinstated

In a huge development, on Feb. 26, 2018, the National Labor Relations Board (NLRB) announced that it is reinstating its infamous 2015 Browning-Ferris decision regarding “joint-employers” under the National Labor Relations Act (NLRA). The NLRB made headlines at the end of last year when it overruled Browning-Ferris – a decision that made it significantly easier for two or more companies to be found “joint-employers.” The board did so in a case involving the company Hy-Brand…

READ MORE
5

23 Feb 2018 Charge Filed Against Union Regarding “Forced Dues Payments”

  The National Right to Work Foundation has just issued a press release announcing that it has filed a charge against a United Steelworkers (USW) local union in Wisconsin with the National Labor Relations Board (NLRB) related to “forced dues payments.” Wisconsin is a right-to-work state.   Right-to-work laws are permitted under Section 14(b) of the Taft-Hartley Act, and they make it unlawful for companies to require union dues as a condition of employment. In…

READ MORE
5

21 Feb 2018 Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict

  On Dec. 14, 2017, the National Labor Relations Board (NLRB) made headlines and pacified many concerned members of the business community when it overruled its infamous 2015 Browning-Ferris decision – a decision that made it significantly easier for two or more companies to be found “joint-employers” under the National Labor Relations Act. The board did so in a case involving the company Hy-Brand Industrial Contractors Ltd. That victory for employers may be short lived,…

READ MORE
4

20 Feb 2018 Scrutinized: Congressional Members Questioning Agenda of New NLRB GC

  In just over three months into his tenure as the National Labor Relations Board’s General Counsel, Peter Robb has made significant waves. First came a sweeping memo on Dec. 1, 2017, in which Robb identified cases of significance where his office may be seeking changes to NLRB precedent, such as cases involving “joint-employers” and employee use of employer email systems. Next came his announcement that he is considering “reorganizing the agency’s 26 regional offices…

READ MORE
5

19 Feb 2018 Does Misclassifying Employees As Independent Contractors Violate Labor Law?

  Whether it be the Internal Revenue Service (IRS), the Department of Labor (DOL), or state unemployment or workers’ compensation agencies, employee versus independent contractor status always is a hot issue. Missteps by employers in this area can result in back taxes, penalties, and more. The question has been looming, however, whether the National Labor Relations Board (NLRB) also would be throwing itself into the misclassification analysis fray with other agencies. Specifically, the board previously…

READ MORE
10

15 Feb 2018 ‘Mean Girls’: Union Violated Labor Law By ‘Ostracizing’ and ‘Humiliating’ Its Own Members On Facebook, Says NLRB GC

  In what reads like a storyline from a movie portraying bullying at a high school, the National Labor Relations Board (NLRB) has just released an Advice Memo from its General Counsel’s office finding that Teamsters Local Union 610 violated the National Labor Relations Act (NLRA) by setting up a “secret” Facebook group that ostracized and humiliated some if its own members.   At issue in the case was a facility where the Teamsters had negotiated…

READ MORE
8

12 Feb 2018 Tweet This: Twitter Becoming More Prevalent In Union Organizing Efforts

  Unions are turning to social media more and more in an effort to expand their ranks. Twitter, in particular, is a platform big labor is utilizing in hopes of spurring interest among younger workers, according to a new report from Bloomberg BNA. Unions increasingly are using the platform to launch or help further unionization campaigns.   According to the report, “And unions need more young workers to fill their ranks if they’re going to…

READ MORE
7

09 Feb 2018 Slimming Down? NLRB Considering Slashing Headcount

  Even more significant change appears to be on the horizon at the National Labor Relations Board (NLRB). According to a new report by Bloomberg BNA, the agency is considering reducing significant headcount in anticipation of major cuts to the board’s operating budget. NLRB General Counsel Peter Robb told a group in New York on Feb 6. that “If we’re going to have a lower budget, it’s going to have to come in substantial part…

READ MORE
9

07 Feb 2018 Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?

  The wave of harassment claims sweeping the nation recently has spawned countless workplace investigations. But can companies require employees to keep such investigations “confidential” (i.e., direct employees to refrain from discussing an investigation while its ongoing)? The National Labor Relations Board (NLRB), unfortunately, has placed limits on employers’ – both union and non-union alike – ability to do so.   Specifically, in a 2015 decision – Banner Health System, 362 NLRB No. 137 (June…

READ MORE
7

06 Feb 2018 NLRB Issues Updated “Bench Book” for its Judges

  The National Labor Relations Board (NLRB), like many federal agencies, has its own division of “administrative law judges” that preside over cases brought to the agency. In fact, the NLRB takes most of its actions through individual case adjudication versus administrative rulemaking.   On Feb. 2., the NLRB announced that its Judges Division issued an updated “Bench Book,” which provides guidance to the board’s administrative law judges in terms of running unfair labor practice…

READ MORE